Page:1862-63 Territory of Dakota Session Laws.pdf/145

136 Sec. 2. If, when the indictment is called for a trial, the prosecuting attorney be not ready, and the defendant appear, and be ready for trial, the court roust order the indictment to be discharged, unless being of opinion that the public interests require the indictment to be retained for trial, it direct it to be so retained.

Sec. 3. If the court order the indictment to be discharged, the order is not a bar to another prosecution for the same offense, unless the court so direct; if the court so direct, judgment of acquittal must be entered.

Sec. 4. A challenge is an objection made to the trial jury, and is of two kinds :

1. To the panel.

2. To an individual juror.

Sec. 5. When several defendants are tried together, they cannot sever the challenges, but must join therein.

Sec. 6. A challenge to the panel is an objection made to all the petit or triad jurors returned, and may be taken by either party.

Sec. 7. A challenge to the panel can be founded only on a material departure from the forms prescribed by law, in respect to the drawing and return of the jury.

Sec. 8. A challenge to the panel must be taken before a jury is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge.

Sec. 9. If the sufficiency of the facts alleged as a ground of challenge be denied, the adverse party may except to the challenge; the exception need not be in writing, but must be entered upon the minutes of the court; and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true.

Sec. 10. If, on the exception, the court deem the challenge sufficient, it may, if justice require it, permit the party excepting, to withdraw his exception, and to deny the facts alleged in the challenge; if the exception be allowed, the court may in like manner, permit an amendment of the challenge.

Sec. 11. If the challenge be denied, the denial may, in like manner, be oral, and must be entered upon the minutes of the court, and the court must proceed to try the question of fact.